The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of the Council of Europe calls for the cessation of unlawful practices of pushbacks and for increased safeguards against ill-treatment

Yesterday, the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) published its annual report on its activities in 2022. In the report, the Committee calls on European states to put an end to unlawful practices of pushback and ill-treatment of foreign nationals deprived of their liberty in the context of forced returns at the borders. The publication of the report resulted from an exchange of views between the Committee of Deputy Ministers of the Council of Europe and the Chairman of the CPT, Mr. Allan Mitchell, which took place on 29th March 2023.

As a result of its observations made during various monitoring visits, the CPT warns about the increasing number of cases of ill-treatment of foreign nationals deprived of their liberty under immigration legislation.

"Foreign nationals detained under immigration legislation are often held - sometimes for prolonged periods of time - in conditions that can be described as inhuman and degrading treatment. The push-back of foreign nationals across borders, including interception at sea, without effective access to protection measures, gives the CPT real cause for concern, and the Committee calls on all member states of the Council of Europe to fully comply with the provisions of international law, including the prevention of torture and inhuman or degrading treatment," stated the Chairman of the CPT.

According to the findings of the CPT, illegal push-back practices are regularly carried out in the context of forced returns and under lamentable conditions at the land and sea borders of several member states of the Council of Europe. The Committee has personally met with many foreign nationals who have made credible allegations of intentional physical mistreatment by the police and border guards. These allegations have been supported by the conclusions of the doctors in the delegation, especially regarding cases at the external borders of the European Union. Their claims also relate to their transfer to another country without prior examination of their individual situation and without sufficient guarantees that they will not be sent back to a country where there is a real risk of mistreatment.

In its annual report, the CPT emphasizes the imperative to adopt a human rights-based approach in all activities related to border control and when dealing with arriving individuals from mixed migration flows. It also provides a detailed description of a series of preventive measures aimed at improving the treatment of foreign nationals deprived of their liberty at the border, including strengthening guarantees against refoulement and mistreatment, and establishing independent monitoring mechanisms.

Based on its preventive mandate under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and Article 3 of the European Convention on Human Rights, the CPT calls on all Council of Europe member states to take action both individually and collectively to put an end to such practices of unlawful pushbacks of foreign nationals deprived of their liberty at the borders.